146 - Sound Producing Devices - Merrill

The Common Council of the City of Merrill, Wisconsin, does ordain as follows:

Section 1. Sections 10-1-85 (title) and 10-1-85(a) of the Code of Ordinances of the City of Merrill are created to read as follows:

10-1-85 Sound Producing Devices: Impoundment, Seizure and Forfeiture.

(a) Impoundment.

(1) A police officer may, at the time of issuing a citation for a violation of sec. 346.94(16), Wis. Stats., or sec. 11-2-8 of this code, impound any radio, electric sound amplification device or other sound producing device used in the commission of the violation if the person charged with the violation is the owner of the radio, electric sound amplification device or other sound producing device and has two or more prior convictions within a 3-year period of sec. 346.94(16), Wis. Stats., or sec. 11-2-8 of this code.

(2) The police department may impound a vehicle for not more than 5 working days to permit the police department or its agent to remove a radio, electric sound amplification device or other sound-producing device if the vehicle is owned by the person charged with the violation and the sound-producing device may not be easily removed from the vehicle. Upon removal of the sound-producing device, an impounded vehicle shall be returned to its owner.

(3) Upon disposition of the forfeiture action for the violation of this section, the radio, electric sound amplification device or other sound-producing device shall be returned to its owner upon payment of the reasonable costs of impounding the vehicle and removing the sound-producing device.

(4) The police department may dispose of any impounded sound-producing device or, following the procedure for an abandoned vehicle under s. 342.40, Wis. Stats., or Title 10, Chapter 5 of this code, any impounded vehicle which has remained unclaimed for a period of 90 days after disposition of the forfeiture action.

Section 2. Section 10-1-85(b) of the Code of Ordinances of the City of Merrill is created to read as follows:

(b) Seizure.

(1) A police officer may, at the time of issuing a citation for a violation of s. 346.94(16), Wis. Stats., or Sec. 11-2-8, seize any radio, electric sound amplification device or other sound-producing device used in the commission of the violation if the person charged with the violation is the owner of the radio, electric sound amplification device or other sound-producing device and has 3 or more prior convictions within a 3-year period of s. 346.94(16), Wis. Stats., or Sec. 11-2-8

(2) The police department may impound a vehicle for not more than 5 working days to permit the police department or its agent to remove a radio, electric sound amplification device or other sound-producing device if the vehicle is owned by the person charged with the violation and the sound-producing device may not be easily removed from the vehicle. Upon removal of the sound-producing device, an impounded vehicle shall be returned to its owner upon payment of the reasonable costs of impounding the vehicle and removing the sound-producing devices.

(3) The seized sound-producing device shall remain in the custody of the police and the city attorney shall institute forfeiture proceedings. If the sound-producing device is sold by the police department, all proceeds of the sale shall be retained by the city. In all other respects, the seized sound-producing device shall be treated in substantially the manner provided in ss. 973.075(3), 973.076 and 973.077, Wis. Stats., for property realized through the commission of any crime.

(4) The police department may, following the procedure for an abandoned vehicle under s. 342.40, Wis. Stats., dispose of any impounded vehicle which has remained unclaimed for a period of 90 days after disposition of the forfeiture action.

Section 3. Section 10-1-85(c) of the Code of Ordinances of the City of Merrill is created to read as follows:

(c) Initial Applicability. This section first applies violations committed on or after October 20, 1999 but does not preclude the counting of violations committed before October 20, 1999, as prior violations for impounding or seizing a soundproducing device.

Section 4. Severability. In the event any section, subsection, clause, phrase or portion of this ordinance is for any reason held illegal, invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remainder of this ordinance. It is the legislative intent of the Common Council that this ordinance would have been adopted if such illegal provision had not been included or any illegal application had not been made.

Section 5. Repeal and Effective Date. All ordinances or parts of ordinances and resolutions in conflict herewith are hereby repealed. This ordinance shall take effect from and after its passage and publication.